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Judgments of Supreme Court of India and High Courts

Mr. Vaibhav Subhash Sakre vs Dr. Umesh Hari Bobale And Anr on 20 December, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE CIVIL JURISDICTION

WRIT PETITION NO.12741 OF 2018

Vaibhav Subhash Sakre .. Petitioner
vs
Dr.Umesh Hari Bobale ors .. Respondents

with WRIT PETITION NO.12751 OF 2018

Subhash Sakharam Sakre .. Petitioner
vs
Smt Ujwala Hari Bobale ors .. Respondents

__
Mr..Amol Bagat I,b Mr.Sameer Sarambalkar for Petitioners in both
Petitions
Mr.Kunal Damle for Respondents in both Petitions
.

Coram : M.S.SONAK, J
Date : 20TH DECEMBER, 2018
P.C

Heard learned counsel for the parties.

2. In both these matters, the challenge is to the impugned

orders appointing the respondents and refusing to appoint the

petitioner as a guardian under the Guardians and Wards Act, VII

1980. Section 47 of the said Act provides that an appeal shall lie to

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the High Court from an order made by the Court under section 7

appointing or declaring or refusing to appoint or declare a guardian.

Therefore, the orders impugned in the two petitions are appealable

under section 47 of the said Act. Consequently, there is no necessity

to entertain the present petitions.

3. The present petitions are therefore, disposed of with

liberty to the petitioner to avail the remedy of an appeal under the

said Act if, they so desire.,

4. These petitions were instituted on 31.7.2018 and were

pending in this Court till date. The petitions are accordingly disposed

of with liberty as aforesaid.

All concerned to act on an authenticated copy of this

order.

(M.S.SONAK, J)

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